위약금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. The Plaintiff is a company running a liquor wholesale business, and the Defendant is a person who operates a restaurant with the trade name of building C and E in Yangyang-si.
B. Around March 7, 2016, the Plaintiff leased KRW 10,000,00 to the Defendant, and entered into a loan agreement with the effect that the Plaintiff would receive payment in total of KRW 500,000 from April 10 to December 2017, 2017 (hereinafter “instant loan agreement”), and the Plaintiff and the Defendant written a promissory note deed with the said KRW 10,000,000 on the same day.
C. The provisions on penalty in the instant loan agreement are as follows.
“B” (Defendant) shall sell only alcoholic beverage products supplied by “A” (Plaintiff) for not less than 36 months from the date of the arrangement, and, in the event of the suspension of transaction under Article 3 of “B (Defendant)”, pay to “A (Plaintiff)” the statutory interest rate of 30 percent per annum on the total amount loaned from the date of the arrangement.
Under the instant loan agreement, the Defendant repaid 20,000 won in total from April 10, 2016 to December 10, 2017, and repaid KRW 10,000,00.
E. From June 2018, the Defendant did not trade with the Plaintiff, and is supplied with alcoholic beverages from another alcoholic beverage wholesaler.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 4, Eul evidence 1, the purport of the whole pleadings
2. The loan agreement, such as the loan agreement of this case, on the purport of the Plaintiff’s assertion, provides for the obligation to pay a penalty of 30% in case of a violation after the Plaintiff, who is a liquor wholesaler, lent money without interest in order to secure a customer as the Defendant, set the exclusive transaction period of three years to maintain the minimum transaction period.
However, the Defendant is supplied with alcoholic beverages from around June 2018, before the lapse of three years from March 7, 2016, which entered into the instant loan agreement with the Plaintiff, to another alcoholic beverage wholesaler. Therefore, the instant loan agreement is concluded.